The Portland daily press., 1887-04-25
INTERSTATE COMMERCE.
The Commission Suspend the Fourth
Section of the law.
Prayer of the New England Roads
Denied Until After an In
vestigation.
Boston Export Trade Given Leave to
Withdraw.

Louis u San Francisco.
Following is the statement prepared by the
interstate commerce commission to accom-
pany its orders in the matter of the trans
continental railroads: "The commission
is earnestly engaged in considering the
course which it will finally adopt in refer
ence to sec. A. Many conflicting interests
have indicated desire to be heard, and
should have an opportunity before our final
decision is reached. All such persons are
invited to present facts and arguments for
the purposes of this matter only, and with
out authorizing any general practice of that
nature. In order to obtain the fullest in
formation and afford the most extended
facilities to distant points Of the country, the
commission will receive affidavits as to the
matter of fact, and printed or written argu-
ments on matters of fact or law, which
should be presented without delay This
invitation extends to the general subject of
questions arising under sec. 4, and is not
limited to the petitions of the transconti-
nentalroads. Meanwhile the attention of
the carriers is directed TO the propriety of
devoting the intermediate time to the pre-
servation and adoption of tariffs which shall
attempt to. meet in good faith the require
ments of the act to regulate commerce, Civ
ing the same fair and reasonable interpre-
In making these orders the commission does
not finally determine upon their propriety or
justice, but only that pending the investiga-
tions now In progress, it is proper, right
given, in order that the general business of
the country shall receive no unnecessary
shock or damage. The orders are intended
to prevent, as far as may be possible, the oc-
currence OF mischief in period which, In a
certain sense, is transitory, and which must,
of necessity, involve changes, the full ex-
tent of which cannot at present be foreseen.
The following letter has been sent by the
interstate commission to Mr.. Charles p.
Clark, president of the New York & New
England railroad, in reference to the pc
titions presented by him on behalf of The
various railroads of southern New England
for the suspension of the long and short haul
clauses:
Dear Sir. Your petitions were presented to us
SO late, While the tranScontinental matters were
pressing and on the eve of our departure for the
south, that their immediate consideration is al
most impossible. Moreover you do not show. in
your petitions, or prove by evidence, any pressing
exlgeney or imperative urgency for temporary
order, such as has been shown in the not very
numerous cases in which such orders have been
made. They have been withheld in other instan-
ces upon that ground. 1t will not be very long be-
fore our views will be formulated but at present
It is matter of hearing and consideration Your
statement that you are advised and belief that no
relief from us is necessary has also been
granting you this relief has been received, in
which hearing is demanded, of which copy is
enclosed. Under all these circumstances the con-
Slderatlon of the petitions presented by you must
be deferred until our return from our southern
trip. Very truly yours,
ALDAcE F. WALKER.
The protest referred to is from C. c. Good
rich, the general agent of the Hartford &
New York Transportation Company. He
says: 1--WE respectfully request notice, that
we may be present and show the grevious
wrongs done and force used at inland points
reached by water in cases where parties COM
petlng by water do not combine IN full and
share the business with the railroads. If al
lowed, by. suspension of the law, to give
specials when touching water point, they
proceed at once to notify the water lines
customers that if they do not ship by them
PEELED TO pay to the highest point whenever
navigation is closed. The law stops this
wrong, and the railroads are relieved from
1t, there is but one method of existence for
the water lines, which is to join hands with
the railroads, and all charge so high that we
may live, even though by dividing up the
business, the steamer lines go half loaded"
In the matter of the Boston export trade,
in relation to which petitions were presented
by the Fitchburg, Boston & Lowell New
mont lines, an exhaustive opinion, prepared
by Judge Cooley, has been rendered. 1t sets
forth in extens0 the positions taken by the
roads and the reasons given for the payment
OF a rebate upon grain and provisions for ex-
port, describes briefly the hearings, and sum-
marizes the evidence laid before the COM
mission. 1t was not shown, the opinion
continues, that the commission had
the. power to give relief. Indeed
petitioners, when called up to point out the
provision of the interstate commerce law
under which the commission had authority
to grant the relief prayed for, practically
confessed that there was difficulty in doing
SO. 1t was stated, however, that there were
ln4O rhaY hn hot xlN1
rates, and that then suspension of the
operation of the fourth section would be
necessary, since otherwise the railroad com
panies would be legally liable to penalties
for charging and receiving greater sum for
the transportation of grain and provisions
from western points to Boston than from the
same western points through Boston to the
foreign market But case of this sort. it
was conceded, would be quite exceptional,
so that the suspension of the operation of
the long and short haul clause would not
alone igive the relief required What the
companies desire Is authority to continue
the payment of the rebate as well when it
falls short of the ocean rate as when it ex-
ceeds it. IL what is paid under the name of
rebate were rebate in fact, as understood
in Sec of the Interstate commerce law,
and if the fact of allowing it were to impose
on some class of persons greater
charge for service rendered than was i'm
| posed upon others for a like e0ntemporan-
eeus service under the same circumstances
and conditions, and an effect what is de-
scribed in the law as an unjust discrimina-
ti0n, it would neither be legal in itself, nor
could it be. made legal by any order, assent
or permission made or given by the commits
sion; but, as explained by the petitions and
the evidence adduced in their support, the
rebate has for its purpose to correct an in
| equality that would otherwise exist, and
WaK 81 Boston cost OF foreign 2 ship
by the h Way Way Of SeW eSs0n YerS grea'er wond tnad
practically exclude shipping from the choice
OF the Boston routes, though the distance
from interior points to the foreign markets
would be practically no greater by that
route than by the other This alleged neces-
sity for the equalization of rates on export
traffic is relied on as justification for the
higher rate which is imposed on the traffic
whose final destination is Boston, which
higher rate. however, is averred in itself
just and reasonable. Ii such is the real end
of the rebate; if its purpose is only to do in
directly what might directly be done by a
bill of lading issued at the interior point of
shipment for the delivery of the goods at the
foreign destination, and if no discrimination
is made between persons engaged in the for
eign, traffic, but the rebate is paid impartial
~, and only as means o. protecting the
Boston lines having the export trade against
an excess in charge that would be ruinous
then it is obvious there is no occasion for
calling upon the commission to give sanction
to practice which would be legal without
it. Indeed, any legal ground for affirmative
action on the part of the commission is pre-.
cluded, since those who bring the practice to
its attention do so with explanations of its
propriety, and insisting upon its lawfulness
Whether the freight from interior points
ought to be carried at rates as low as those
prevailing from the same points to New
York, is a question not legitimately before
the commission now. The railroad compa-
nies, the only parties asking action at oul
hands, justify the difference now made on
the ground of longer haul, while submitting
to rebate on the export trade under a spe
cies OF compulsion. If the exactions from
the Boston traffic proper are excessive, the
fact can only be adjudicated when somebody
questions them in proceeding instituted fol
the purpose of regular investigation. II
follows from what has been said that no or
der should be made on the petitions. and The
petitioners have leave to withdraw them.
A Young Lady Accidentally Shot.
BROOKLYN, April 24.-Miss Annie C. Les
lie, Philadelphia belle, accidentally and ia
tally shot herself in the right temple yester
day. She died at o'clock in the afternoon
She had arrived Friday evening to visit Mis-
May Nichols, school friend. Reports in re
gard to the shooting differ. One says Mis-
Leslie was firing at target with George L
l.